Case law

Dundee Township v. Department of Revenue

325 Ill. App. 3d 218 · Appellate Court of Illinois · Oct 15, 2001

Under the Township Code, a township may acquire qualifying tracts of land for open space purposes. 60 ILCS 1/115 — 5 et seq. (West 1998). … The Township is seeking the benefits of the tax-exempt status of the fee and objecting to the tax burden clearly imposed on non-tax-exempt leaseholds. We are not persuaded by the Township’s arguments.

People v. Baptiste

37 Ill. App. 3d 808 · Appellate Court of Illinois · Apr 5, 1976

This ruling was erroneous and clearly prejudicial to the defendants. In Alford v. United States (1931), 282 U.S. 687 , 75 L. Ed. 624 , 51 S. … The court then pointed out that it was permissible for the defense to bring out that the witness was in jail to show “that his testimony was biased because given under promise or expectation of immunity ° ° ° .” 282 U.S.

Board of Education v. City of McHenry

71 Ill. App. 3d 904 · Appellate Court of Illinois · May 18, 1979

In fact, it is a well-established concept in Illinois that all property is subject to taxation unless specifically exempted. (See, e.g., Telco Leasing, Inc. v. … But it clearly appears that the license fee in question is not at all a regulatory measure; it was not enacted in the exercise of the City’s “police power.”

Mark Twain Illinois Bank v. Clinton County

302 Ill. App. 3d 763 · Appellate Court of Illinois · Jan 28, 1999

On April 17, 1996, plaintiff amended count VI to more clearly allege negligent maintenance. On May 7, 1997, the District filed a summary judgment motion. … The Tort Immunity Act creates no new duties but merely codifies those existing at common law. [Citations.]

Lappin v. Costello

232 Ill. App. 3d 1033 · Appellate Court of Illinois · Aug 6, 1992

The quantum of evidence necessary to establish probable cause for an arrest, and thus defeat a section 1983 unlawful arrest claim, is a function of information and exigency. … Clearly, the officers properly shut down the business. Plaintiffs’ argument that none of the vendors at the show were arrested is also unpersuasive. Lappin was running the show.

People v. Mallek

284 Ill. Dec. 734 · Appellate Court of Illinois · May 14, 2004

Defense counsel then tendered a copy of the report to the court, commenting that the report found the defendant “fit and not qualified for an insanity defense.” … The trial judge noted that it had not been established by the evidence that one could pay for merchandise other than cigarettes or money orders beyond the checkout lanes.

Wilson v. Board of Education

137 Ill. App. 187 · Appellate Court of Illinois · Nov 11, 1907

Their relation to the sdiool board is that of pupils of the school,without any qualifying distinction. The regulation of the conduct of all the pupils is conserved by the rules. … Whenever such rules are not clearly so unreasonable as to be without the sanction of legal authority, they will be upheld by the courts.

Gauthier v. Chicago Board of Education

2024 IL App (1st) 230442-U · Appellate Court of Illinois · Feb 20, 2024

I recognize that the in loco parentis immunity provided by the School Code immunized the Board from ordinary negligence. … ¶ 41 The Board argues that it is immune from liability for the sexual assault on MS, relying on the Tort Immunity Act.

People v. Sevedo

2017 IL App (1st) 152541 · Appellate Court of Illinois · May 18, 2017

A privilege may be absolute or qualified in nature, and there are crucial distinctions between the two. … In Thomas, where the court addressed the judicial deliberation privilege, the court explained the distinctions between absolute and qualified privileges.

Ambrosius v. O'Farrell

119 Ill. App. 265 · Appellate Court of Illinois · Mar 17, 1905

The case is made by the plaintiff by proving publication of the defamatory words and from this malice will be implied and a cause of action established: But in this -ease no such implication arises, and malice, the gist of … The second and fifth appellee’s given instructions are clearly erroneous and fatally prejudicial to the judgment even if the record were otherwise free from error.

Selof v. Island Foods, Inc.

251 Ill. App. 3d 675 · Appellate Court of Illinois · Nov 5, 1993

App. 3d 637, 643 (right to file personal injury lawsuit was a purely personal right not involving clearly mandated public policy).) … It is possible that under qualifying circumstances a recovering alcoholic or substance abuser may conceivably have a statutory cause of action based on disability or handicap under State (see, e.g., Habinka v.

Lieb v. Judges' Retirement System

314 Ill. App. 3d 87 · Appellate Court of Illinois · May 17, 2000

Principles of statutory construction allow an interpretation that qualifies the existing statutory language. … regarding the meaning of the term “military service,” and defendants’ reference to a dictionary meaning of the term, to which plaintiff objects, was offered to refute plaintiffs contention that the term “military service” clearly

Golf Trust of America, L.P. v. Soat

Appellate Court of Illinois · Jan 18, 2005

This testimony clearly shows that the 1999 reassessment was done to revise and correct the general reassessment that had not been completed by the township assessor. … We answer this question in the affirmative, and we conclude that there was insufficient evidence to clearly and convincingly establish a violation of equal protection in the valuation of objectors' property.

Eckiss v. McVaigh

261 Ill. App. 3d 778 · Appellate Court of Illinois · May 19, 1994

On the same date, custody of Kathy was established under the Probate Act, and pursuant to that act Kathy nominated as her guardians Richard and Lois Eckiss. … There is a dispute regarding the McVaighs’ alleged consent to the establishment of the guardianship.

In re Estate of Piton

255 N.E.3d 1005 · Appellate Court of Illinois · Nov 12, 2024

Therefore, they failed to establish that they had a right or 8  interest in the accounts that would qualify them as successors in interest who could bring a … Petitioners failed to establish that they possessed “some personal claim, status, or right” to the accounts that is necessary to establish standing. See Zivin, 2015 IL App (1st) 150606, ¶ 14.

People v. Dawson

32 Ill. App. 3d 594 · Appellate Court of Illinois · Oct 7, 1975

The trial court after a hearing and after consideration of newspaper articles, radio commentaries, and the content of a nationally syndicated magazine determined that the evidence did not establish reasonable ground for fear … offense and the jury by its verdicts clearly rejected his testimony.

Van Campen v. International Business MacHines Corp.

326 Ill. App. 3d 963 · Appellate Court of Illinois · Dec 13, 2001

Since 1989, Van Campen has suffered from an immune deficiency which caused him to be more susceptible to, and ill from, minor illnesses. … We find that the Commission’s holdings that Van Campen was not handicapped under the Act and that he failed to make a prima facie case of handicap discrimination were not clearly erroneous.

Oak Forest Mobile Home Park, Inc. v. City of Oak Forest

27 Ill. App. 3d 303 · Appellate Court of Illinois · Mar 17, 1975

Another qualified real estate appraiser called by plaintiff, Joseph A. … Trayser, a qualified planning consultant.

People Ex Rel. Birkett v. City of Chicago

292 Ill. App. 3d 745 · Appellate Court of Illinois · Oct 17, 1997

In other words, if a document would qualify for exemption under either act, then it must be privileged. … The court recognized that the Open Meetings Act and the Illinois Freedom of Information Act did not speak to the question as to whether deliberations of protected meetings where collective bargaining was discussed were immune

People v. Embry

177 Ill. App. 3d 96 · Appellate Court of Illinois · Dec 15, 1988

We conclude defendant has not established any constitutional infirmity in his conviction. … The court also found the suggestive statements made to the high school student four days earlier constituted an incident sufficiently similar in nature, time, and context to qualify as evidence of modus operandi to establish